HomeMy WebLinkAboutORD 1976-029 CITY OF GRAPEVWE
ORDINANCE NO. 76-29
AN ORDIN/�NCE RCt'E;�J_ING -fI��LF 4, CHAPIER 1, SEC1"IONS
1 THROUGH 8, OF �I�HE CIiY �ODf= ��F TNt� CITY OF GR,�PE-
VINE, �r[_XAS, �N� SUE��STIIiJI-INr, ��f� RFiN A N�W 7"ITl_E
THAT PROVIUES D[�FINITIONS, RE(�UfRES A LICENSE TO
SOLICIT SALFS OR TAKE pRDERS FOR ANY SERVICES, GOODS,
WARES, OR MF:RCH�`.NDISE FROM PLACE TO PLACE, OR FROM
DOOR TO DOQR WITliIN TNE CITY OF GRAPEVINF; RE(�UIRING
LICENSE f�EE; EXEMPfING CH/�RITAE�t,F ORGANI .7_.ATIONS �ND
� THOSE WITHIN INTI:R5T/�7E COMMERCE Ff;OM pAYING l_ICFNSE
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FFE; REQUIRING ApPL;�ATION; REQUIRING A BOND, EXCEpIING
CERTAIN GOODS AND COMMERCIAI_ AGENTS; PROVIDING
A PENALTY, AND SEVERAQII_ITY CLAUSE; AND DEC:LARING
AN EMERGENCY.
�I 6E IT ORDAINED BY THE CITY COUNCII. OF �1�HE CITY OF GRAPFVINE,
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Section 1 . That Title 4, Chapter 1, Sections 1 thru 8 of the Gr.apevine
CiLy Code i.s hereby repealed and the following is herein suhmitted-
as follows : � �
Section 4-1-1 . DEFINITIONS.
A. "Solicitor" is ar�y person, firm, corporation or any
other leyal entity ':YflO (�'O^S from hou;e to house or fi-om place to
plc�ce in the City scliciting, selling or taking �rder for cny
s�^rvices, guads, vr<ares, �nerr_h�7ndise of any r.ature or kind
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B. "Fngaging in Intc�stc�te Cornrnerce° rneans the
�oliciting, selling or tc;kiny order for any �oods, vrares or
rnerc{�anrlise vr'�ic{i at tl,: time fF�e orde.r is tak�n, are in
another state ��r vrill Ue pr����luced in another stute and shipped
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into tl�is sf�:Yte. in i�u{+Illillrilt uf such orders.
C. "Charitable solicitation" means conduct wher-eby
a person, organization, society, cerp�:>r��tion, or its agc:nt, merr�ber
or represenfc�tivR;
(1) solicits prope�-ty, fir�7ncica! aid, �ifts in money,
or any articl� r�c���c�s<.�r�ting mcn�:.�r.,ry value;
', (2) sells or offers to sell a product, article, tag,
servic�, publication, ticket, pdvertisement subscri tion• or
. P .
� )3 holds romote
, p s, or part�ctpates in an entertain-
ment, spoi-ts event, benefit dance, fair, baz_aar, or other type of
organized social enfertainment;
on the plea or representation, v.�hether expr�ss of implied, �hat the
proceeds from the solicitation, sale, or enfiertainmer�fi are for a
charitable purpose.
D. "Charitable purpose° rnc�ans the use of money or property
for the benefit of:
(1) charity or philanthrophy, or �oor, impoverished, ,
destitute, underprivileged, needy, refugee, diseased, injured,
crippled, disabled, or handicapped persons, or persons in need of i
rehabilitation;
(2) a church, religious sociefiy or other religious ;
sect, group, or order; ;
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(3) patriotism, that is, for the tecxching or patriot- ;
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ism or the relief or assistance of veterans or veteran's organization;
or - �
(4� existing educational institutions or fc�r the esf�ablish-
ment or endo�,vmenfi of educational in�titutions or in aid of the education
of any person or group of persons.
Section 4-]__2. LICENSE REC�UIRFD, It shall hereafter be unlawful
for any pe��son, firm or cor}�cration or nny other (Fgql entity to con-
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duct himself as a solicitor without having first obtained a license
therefore from the City of Grapc-vine,
Section �T--1--3. I�F(=S, f!-�e lic_,-n,e f�:e for a solicit�r under this
orclinance sF�all be fiw,~•nty five cloli<7rs (�25.Q0). Previded, how-
ever, iFic�t v�he;n a ��crson, firm, compEany, �c�rtne,shi��, c��rp�rafion
� or associati��n engages in any such activity, through one or more agents
or ern��l�yees, such person, firm, company, parfinership, corporation
or association shall, in c�ddition to the twenty-five dollars ($25.00)
fee above m�ntic�ned, pay a license feel of five dollars ($5.00) for
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' ec�ch c�gent or employee so engag�d, all of which licenses sE�all be
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valid for �n� (1) yc:�yr from the date of t{ieir issuance. The fees
herein pravided far shall be used for the purpose of defraying expenses
incident to the issuing of the licenses cxcf�pt that the license fee shall
not be required nf th�se engaging in inter�tate eommerce and those
conducting chc�ritable solicitations.
Section 4-1�4 . API'I_ICATION. Each pppl ication for a I icense shal I
be in writing under �ath and shall set out the fallowing:
(a) narne of a�plicant, with his permanent residence; (b) name
and address of tfte person, firm or corporation he represents;
(c) kind, type and character of goods he will offer for sale; (d) the
names of cany cities where applicant has worked in the previous
thirty (30) days; (e) whether or not applicant has ever been convicted of
a fel ony or mi sd�me�nc�r i nvol vi ng mora I turp i tude, a nd i f the a ppl i ca nt has
been so convicted, state the nature of th�. offense and the punishment or
per�alty u,sessed i�hereof,
Section 4-•1�5 . INVE:STlGATION OF APPLICANT. It s��all be il�e cuty of
the chiE,f of police to investigate each applicant for a perrnit under this
artirle and ir,zke a ret�ort thereof to fhe City Manager before issuance of
suc{i a permit.
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Section �-1-b. 1S_SUANCEy lt shol( 6,� f'�e �' :'r . f th�� c�'ity l�/�anager'to
issue or refuse to issue a permit under this urticl�� n:>t l�;tt,r than two (2)
weeks from the time the application t{��:rc�` >r is re:cciv«:<1 by I�im,
Secfiion 4--1•-7. BOND h�UST ACC(?,,fif'r�NY APPLIC"ATfC�N. The
applicatio� required sl�all l�e c�ccor��j��r�i�,�� by a bond i�n ;{ie sum of
- one thousand dollars ($1,OOO,GO) siyr,.d by c:,pplicant, and siyned
as surety, by some surefiy company authorized to do business in the
� stafie, conditioned for the final delivery of goods,wares, merchandise,
or services of c�ny nature `A�hatsoever in accordance with the terms of
any order ohtained prior to delivery and also conditioned to indemnify cany
• and all purchasers or customers for any and all defects in rr;aterial or
workmanship fihafi may E�xist in the ai(icle sald by thc. �rincipal of su�h
bond at the time of c�elivery, and that �7�c�y be discovered by such
purchaser or custamer within thirty (30) days aftPr delivery, and vrhich
bond shall be for i-he use and benefit of all persons, firms or corporafiions
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that may rnake any purchdse or give any order to the princ�pal of such
bond, or to an agent or employee of the principal; provided that in case �
tf�e applicunt is a person, firm, cornpany, parfnership, corporation or
• association enc�aging in any activity as defined in Section 1, th�oush one
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or more age�ts, ernployees, such persons, firm, company, partnership, � j
corporation or association shall be rc�uired to enter into only one bond, I
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in the sum of one thousand dollars ($1,000.00) as required in this section,
which bond shall be made to cover the c�ctivities �f afl its a ents or e I e �
g mp oy es.
. This section shall not apply to those engaged in charitable solicitations.
Section 4-1--8. APt'EALS FROM DECISIONS O� C11'Y MANqGER. If t-he `
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Gty h�r��ager refi�ses to issue a permit �.�nder this article, the applicant ,hol1
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have the rig��t to appea) to the city counci� at its next regv�ar meeting, _ 1
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Section 4--1�-9. SOLf�:`ITA"i�lUNS PERMI I I�:D QNLY DURING CERTAIN
HOURS. It �hall be ur.lnv,�ful far any pe,��o,� actir�g c;s n �c�licitor to
go in or u�aon the premises of a private resi�'�>r+ce in �he city �riur to 9:00
a, m, or uft��r 9:00 p, m. of any day, Mo�:�:'.;y ti�r����;h S��turc�ay, or ��t any
time on S�Inc!c�y, N�w Y��ars Day, July 4th, Lu�or D�ay, T{iariksgiving C,ay
or Cl�risPr,�.7s D��y, fhis s�ction shull r�ot apply to a visit to Phe premises as
a result of a requE�st or invitation rria��e by the occupant.
Section 4-1-14. HEALTH CERTIFICAI�E REC�UIRFD FUR PEDDLERS OF
EDIf3L.E MF:RCNANDISE. It shall be the du�y of the City Manager
before iss��ing a li�ense to peddlers af ❑�ercl�randise of edible quality,
to requii•e i{ze applicant for the license required by ihis section, to first
secure frarn the hc�lth officer a health c:�rtificate prescribing that the
said ap�li�c�nt has ��een duly exa���ined by the health officer and further
that the applicant is free of all contagious c�nd comrnunicable diseases and
that the issuE�nce of a peddler's license will not in any wise endanger the
public health, general vrelfare and safety of the city and its inhabitants:
providing that the health officer n�ay make a reasonable charge to be paid
by the applicant for the cc���ducting of the physical exami�x�tion and issuing
the certificate. This s�ction shall not apply to sale of cand}�, nuts, or
other edibles prepared and packaged by a nationally reragnized
manufacturer or a Texas manufacturer meeting standards imposed by
state and local health codes, if such packages are unbroken.
Section 4--1-11. CLEANLINESS OF PRODUCTS AND VEHICL.ES; HONFST
WEIGHTS /�ND MFASURES REQUIRED. Every p�rson vrho shall comply
���irh this <-h� ��ter a��d shal) sell, or offer for sale, any produce of edible
quality shall at �II times kf>��p the sa�,�e in a clecrn and sanitary condition,
and shall ��Iso keep th�:ir ��,�agons, vchicles, or �i�her conveyances in a clean
ancl sc�nitary condition, and tlicy shall nc�t sc�ll, or of`er for sale, any unsound
or urnvholc���rne articles, nor shall they give, or make, any false w�ights
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or measures of any of the various articl+:; as s;�E.,,�;icd and covered
by this section.
Section 4•-1-12. EXEMPTIONS-_�CC�,"',1vSF:RC'�,�(. 7;�;/�.,�/FI.E:RS; ESTA,B-
LISHCD DE�LERS� The provision of this c{;t��,ter �hall not apply to sales
madc to d��:alers �y c��;:��n�.r<;ial fii�c�vti�lers or sal�s a�=:;nts in the usual cr,��r;e
of busin�ss, ncr to :c�les made uncler authority atid by order of law, nor to
vendors of farm or �airy products, nor to persons, or their authorized
representatives, who have previously established with the owners or occupants
of su�h private residences or property a regular business, trade, service or
other contrac;�ual re(ationship.
Section 4-1-13. PENALTIES; CIVIL REMEDIES; LICENSE FORFEITURE.
(a) Any pE�rson violating any of the provisions of this ordinance shall be deemed
guilty of a misde�meanor, and upon convicfiion thereof, shall be fined $1.00
to $200.00; eaeh day such violation continues shall constitute a separate and
distinct offense, (b) In case of any willful violation of any of the 1-erms c�nd
provisians of this ordii�ance, the city, in additian to imposing the penalties
above provided, may institute any appropriate action or proceeding in any court
having pro�er jurisdiction, to restrain, ccsir�ct or ��bate ��uch v�olatiens; ���d ihe
definition of any violc�tion of the terms of this chapter as a misdemeanor, shall
not preclude fihe city from invoking the civil remedies given it by the laws of
the state, but s�rre shall be cumulative and subject to prosecutiGn as herein-
above prescribed for such violations.
(c) Each day's engaging in the business regulated by this chapPer vrithout the
payment of the fee due thereon, and procuring a receipt, or license, therefore,
and each clay's �ailure to comply with any of i�l�e other provisions of this chapter,
shall eunstitute a sef;at�ate offense, and the peison so found guilty of such violation,
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or failing fo cornE�ly vr�ith the prc�visions �hf�rF�c;f ;.!,:�II upon conviction � � �
be punished therefor as hcrein�buv^ pr��vidt:d; E,�r�,.vicled, the courF frying said
cause shol) hcave the ri�►�t �;�d pow`r upon convici ion c;f nny per;on for violahion
of any of the provisions of this cl�apter to deccc:c nnd to rnake tl�e same a part
of the juc�ymc}+-�t in such cause, a forfc�iture of s�_�c;i f icense as wch per:on inay
hav� procuf-ed F�ereunder. However, in the event of such forfeiture of licc:ny�, no
part of such license fee as may have been so paid shall be refunded to such person,
and no further license shall be issued to such p�rson for fihe remaining period of
such license year under this chapter.
Section 2. Severability Clause. If any section, ser�tence, phrase, word,
paragraph, or provisions of this ordinance or the applircation of that section, senfience,
phrase, ��rord, paragraph, or provision b cdny person, situaFion or circumstances is for any "
reason adjudged inva)id, the ad�udication shall not affect any other section, sentence, phrase,
word, parayraph or provision of this ordinance or the application of any other sectian,
sentence, p{�rase, word, paragraph, or provision to any other p�rson, situafiion, or
circumsfunces, nor shal) suc}� adjudication affect any other sftction, sentence, ��f�rase, word,
C�aragra�,h or provision of the Grapevine City Code. The City C�uncil declares that it would '
have �7dopted the valid portions and applications of this ordinnnce without the invalid part,
and to ihis end the provisions of this ordinance are declared to be severable. .
Section 3. Emergency Clause. 7he fact that the present ordinances and
regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the
health, safety, morals, peace, and general welfare of the inhabitants of the City of �
Grapevine, Texas, creates an ernergency for the immediate preservation of public
ro ert hE�1fih sdfet and cneral welfarP of the ublic which r uires
business, p p y, . Y• 9 � P �9
that this ordinance si�a�1 L�ec;ome effective from and <�Fter the date of its passc:�e c�nd it is
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accordingly so obtained.
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PASSED AND APPROVED this the 16th day of November ,
1976.
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MAYOR
ATTEST:
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CITY SEC ARY
APPROVED AS TO FORM:
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CITY ATTORNEY �
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